DCB Legal Limited - my Counterclaim against it

HarveytheRabbit

UK Parking Control Limited (UKPC) and its Solicitors, DCB Legal Limited (DCB) had picked up an old PCN Claim against me. Managed by DCB Legal Ltd and going back to 2017 (lots of letters, then a legal Letter of Claim (at this point also entering the Court's legal system), now a District Court Hearing later this month. As you might expect, I feel very angry about the injustice of all of this PCN nonsense. In my case, I paid the Car Park fee on the day of the alleged Offence and, I believe in accordance with the prevailing Terms & Conditions in force on that day (when I remembered later that same day that I had forgotten to pay the car parking fee), but after a PCN was stuck to my car's windscreen... It is my firm belief that we should not be facing jeopardy, when parking our cars on private car parks. So, this is where I am up to.

An Appeal in 2017 to POPLA was a complete waste of my time.

But, rather than pay the PCN, like so many thousands of others caught up in PCNs and what I believe is a subsequent 'shakedown' by a debt collection party chasing this alleged 'debt' I am disputing this. Not least and not only because I believe I have a robust defence to the PCN issued way back in 2017, but also because of what I believe DCB Legal and its Solicitors have been doing, in breach of its Solicitor's Regulation Authority's (SRA's) Code of Practice and sometime after 2017...! I also believe that DCB is now going back to 2017and maybe beyond, to 'hoover' up other potential unpaid PCNs? I believe you have to ask why..? That said, we all know why already, don't we?

A trial date is set for later this month and I have recently submitted a Counterclaim in my Case, but not against the Parking Company who is claiming against me, but DCB Legal Limited, the firm of Solicitors and its Partners who now find themselves having to defend my Counterclaim in the same Court that they were so determined to take me to... 

Perhaps as no surprise, DCB has just withdrawn its Legal Claim against me. Instead, it has now also offered me money to withdraw my Counterclaim and NOT to pursue DCB to the District Court. I have refused these offers of money - money that I believe should be repaid back to other car drivers who chose to pay their PCNs, plus drivers like me!  However, isn't it interesting to witness a complete 180 degree about turn by DCB Legal Limited..? What is it now afraid of?

You don't go to Court lightly and I believe that you have to be careful when dealing with the Court, as it is the only entity with the power to prosecute.

This is because I have not Counterclaimed against UKPC, the Claimant. Instead, I believe the Court needs to hear what DCB and its solicitors have been up to, in its pursuit of PCNs and why? And, what I also believe is a long standing and national breach of the SRA's Code of Practice by one of its practitioners/solicitors. All of whom are Officers of the Court, so I believe they will/should be happy to share what they have been doing with PCNs and what impact this has had on the people they have pursued under the Parking Company's PCNs  Also, I have both admiration and complete faith in the District Court's Judiciary in their application of the Law, given the previous landmark Ruling on PCNs laid down by Judge Caroline Jackson in her analysis of Excel Parking Services Ltd v Ann Wilkinson (and the extraordinary attention she applied on arriving at her Judgement).

However, I feel that maybe the District Court and certainly I would benefit from this Forum's help in my forthcoming trial. Not least, all the help & guidance already published to help victims of PCNs like me. Are you, and then perhaps MSE reader's and maybe even Martin via his online MSE Channel, able to help me..? If so, I will expand on my 'ask' of you. Thanks.

UncleThomasCobley

Well done on your approach to this. Have you also considered the fact that Yasmin Mia who automatically signs all DCB Legal issued claims, in every case, fail to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. and that her statement of truth is anything but truthful?

BTW, it is the "County" Court, not the "District" court.

What have you stated in your counterclaim?

HarveytheRabbit

@UnclTomCobley - thanks for connecting! As well as claiming a nominal sum of money (which I probably will not be granted - DCB is contesting it) I have basically shared my belief that DCB is abusing the pre-trial Court System and probably on a National scale, to scare & frighten its target defendants and pressure them into paying the PCNs.
This because it is a Solicitor and therefore more than a Debt Collector and knows the legal system... My case is robust and easily defended, but has been ignored by DCB, who has taken me all the way to the Court steps. I share my belief that the pre-trial Court system is being abused by DCB and that the District Judiciary should be made aware of this. Not least given the guidance in Excel v Ann Wilkinson. It is my belief that the Court is aware of some/maybe all of what's going on, so my case is to present it them, with me as a very good Case Study on what I am claiming against DCB.

I have also asked if the Court would support me in my planned Compliant to the SRA about DCB and its named solicitors and if it would analyse the number of Letters Of Claim issued, Trials set, location of Trials (mine started in Northampton, now moved to Oxford, by me) and how many reached Trial - all a waste of Court time and money, plus the stress & anxiety caused to the many defendants

For my Trial Bundle and for Excel v Ann Wlkinson, do you know if DCB was the managing Solicitor - if so, they know better than waste Court time? Also, it would be good to add other people's experience of PCNs, but where DCB was the Solicitor.  In their own words, who, what, where when, how much and how did they feel about DCB and PCNs - do you have a list that could be asked if they were prepared to give a Witness Statement...? So powerful.

HarveytheRabbit

@Coupon-mad - thanks to you, for also connecting. Yes, I am putting together my Trial Bundle, hence reaching out to this Forum and its good people (like you) to see what can be added to my TB. Do you know anyone who knows about the SRA? I am going to telephone them for advice tomorrow (I spent a career working with Regulators)

HarveytheRabbit

@UncleThomasCobley - do you have something on Yasmin Mia and her/DCB's failure to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. that I can include in my Trial Bundle? Thanks.

Coupon-mad

HarveytheRabbit said:

@Coupon-mad - thanks to you, for also connecting. Yes, I am putting together my Trial Bundle, hence reaching out to this Forum and its good people (like you) to see what can be added to my TB. Do you know anyone who knows about the SRA? I am going to telephone them for advice tomorrow (I spent a career working with Regulators)

The SRA repeatedly ignore complaints like this but good luck!  No, DCB were not likely to have been involved in an Excel case.

Be aware that Excel v Wilkinson is nice to have but it is not a precedent and it's only another County Court case - and it holds no clout.

Sadly, VCS v Percy WAS on appeal and is supposedly persuasive, and in that (IMHO useless) fudgement, HHJ Saffman found the opposite of Judge Jackson in Wilkinson.

So, Wilkinson isn't something to push as if it's gospel. I wanted you to know not to go up too much of a blind alley wielding a blunt weapon!

patient_dream

HarveytheRabbit said:

@UncleThomasCobley - do you have something on Yasmin Mia and her/DCB's failure to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. that I can include in my Trial Bundle? Thanks.

Yasmin Mia constantly signs a statement of truth
1: Lack of information about the claim and clearly knows nothing about the claim
2: She claims that DAMAGES are true.  This is just a word to disguise the real reason being  "Fake Debt recovery charges"
No PPC can be entitled to damages as they are simply employed by the landowner or retailers. Who is DCBL claiming damages for .... IS IT themselves ?

The SRA seem to have no interest in one of their members wasting the court's time with very fragile / feeble cases and the constant discontinuations from DCBL

The question must be WHY do the SRA allow such abuse against the courts and the consumer. It seems the MoJ has a lot of questions to answer as they have lost control

Good luck in your counterclaim, this is well overdue. The simple fact that DCBL want to pay you proves guilt 

Do you know which court yet ?

HarveytheRabbit

@patient_dream Thanks - Oxford County Court later this month. I simply want to hear what a Judge here in Oxford has to say about DCB and its practice, plus the entire PCN Industry - who knew it is fast becoming a £billion industry, that produces nothing but ill gotten gains for those prepared to use tactics like DCB

patient_dream

HarveytheRabbit said:

@patient_dream Thanks - Oxford County Court later this month. I simply want to hear what a Judge here in Oxford has to say about DCB and its practice, plus the entire PCN Industry - who knew it is fast becoming a £billion industry, that produces nothing but ill gotten gains for those prepared to use tactics like DCB

OK, if you fancy some company, happy to come to Oxford court as it's a short drive/train from me
I would like to watch.  Oxford are not PPC lovers

HarveytheRabbit

@Coupon-mad

Sorry... my above post to you is impossible to read. here it is again...

Thanks - good to know that some of the Courts appear to be stuck on the small stuff, whilst missing that this PCN revenue stream is fast becoming a £billion industry for the likes of DCB and others  - I am too much a newbie to include URLs, please see RAC Foundation private-parking-on-course-to-be-billion-pound-industry.

I do not need to prove my innocence here, I am only doing this to highlight to the Court the sheer number of PCN Claims (and in my Case, false Claims...) - one  every 3 seconds...!!!, with many operators like DCB using the pre-trial Court system to exert maximum pressure on their targets. But then also withdrawing their Legal Claim days before the Court Hearing and then trying to pay me to stop going through to Court with my Counterclaim - at least in my Case.

I want to hear what the Judge in my Oxford County Court has to say about my belief that DCB, a firm of Solicitors, has been abusing the Court's legal system, all to enrich themselves rather than uphold the law.

The danger here, with the Government itself failing to legislate on this £billion abuse of the car driving general public, and with a day packed with a large number of other small claim cases, the outcome turns out to be 'not my job...'.

Based on my experience in the Courts, I am more optimistic, hence not accepting DCB's shekel, to entice me to stop...

I have reached out to see if other Forum members, who have butted up against DCB, would be prepared to let me have their Statement. In the absence of this, I am planning the Screen shot some of the Messages on DCB for my Trial Pack - these are freely broadcast on this Forum and do not reveal any personal data (no GDPR/Data Protection issues). These do highlight the anger, stress and injustice of many members caught up in PCN hell.

HarveytheRabbit

@patient_dream

You are very welcome to join me on 17th November. I will contact you directly about timing etc. (set for 11.30 but may be heard at any time of the day thereafter).

What has been your experience of Oxford County Court and PCNs..? Has DCB appeared in Court there before, do you know (my alleged offence occurred in Oxfordshire, but DCB chose Northampton County Court to start its Claim)?

Have you personally suffered a PCN and/or via DCB before?

An idea is forming in my mind, which I will sleep on and share more on this Thread tomorrow...